- 12 - that any tax liability would have been larger due to the interest factor. In that regard, we reiterate that it was the huge spread between the parties’ positions that may have protracted the litigation and exacerbated the amount of the claimed fees and costs. The Court is unable to reach the conclusion that the number of hours billed was unreasonable. There is no per se rule that would limit the amount of fees claimed to the amount in controversy. Certainly, as a matter of good judgment and practical economics, a litigant would ordinarily be reluctant to spend more for attorney’s fees and costs than is at stake. In that regard, however, the estates argue that it was respondent’s approach to these cases and his unreasonable position that there should be a nominal discount that protracted the proceedings and, to some extent, pushed the fees closer to the amounts in dispute. It is that very principle, the estates contend, that was the basis and intent for the enactment of section 7430; i.e., to reimburse a litigant’s fees and costs incurred in defending against an unreasonable position. Accordingly, with the exception of the need to reduce claimed attorney’s fees to the statutory adjusted rate, we hold that the estates’ claims for fees and costs are reasonable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011